How laws are made

Parliament is New Zealand’s
supreme law-making body. Its members study proposals for new laws, debate
their likely consequences, and decide whether or not the proposals should
become laws.

Proposed laws are introduced
into Parliament as bills. When passed and given the Royal assent by the
Governor-General, they become Acts. Acts can cover almost any subject,
such as which crimes are punishable by prison, how much money the government
is allowed to spend, and where people are allowed to fish. Acts may be
public (of general importance) or private (limited to particular bodies,
groups or individuals).

Who else makes laws?

Parliament can delegate its
law-making power to the Executive Council, Ministers, government departments,
local authorities and other bodies. These subordinate bodies can then
also make laws, but only within the limits decided by Parliament.

Local authorities are an important
example of bodies that have delegated powers. Decisions about stray dogs
in Taupo, about building new stormwater drains in Dunedin, and about which
rugby league club gets to use the local football field on Saturday afternoon,
are best made by local people.

Parliament also delegates many
powers to Ministers. These powers cover things such as motor vehicle safety
regulations, setting salaries for civil servants, and appointing ambassadors
to foreign countries. If the government had to ask Parliament about every
day-to-day detail of running the country, Parliament would become bogged
down. Only the most important issues (such as the Budget) are reserved for
Parliament.

Common law

Parliament is not the only
source of law. Parliament makes statute laws, which are called Acts of
Parliament. The courts decide how existing laws are to be interpreted
and applied. The decisions of the courts create what is called common
law.

Common law is based on precedents
– decisions which are used as a guide, or as an authoritative rule,
in later, similar cases. Judges extend the law by applying the fundamental
principles of the law to specific disputes between parties. If similar
disputes occur in the future, the previous case is used as a guide. This
helps to ensure that the law always treats everyone equally, without favouritism.

If Parliament disagrees with
how the courts interpret its laws, it can pass new laws which clarify
what it wants.

Making and changing laws

While Parliament creates many
new laws every year, much of its work is to change existing laws. These
can be repealed (cancelled) by a new Act, or changed by amending Acts.
These developments will often be in response to changing economic or social
conditions, or to cases where the law has proved to be unworkable or difficult.

Parliament is always careful
to follow precise and proper procedures for making and changing laws.
These ensure not only that all MPs can have a say in making laws, but
also that the public can have a say too. The process by which a bill becomes
an Act is shown on page 31.

Members of the public can
lobby MPs and parties at any time to create or change laws. They also
have the opportunity for direct input into select committees, which are
a vital part of the law-making process. Their role, and how the public
can have their say, is explained in detail on page 32.

Government business

Most of the time that the
House sits is set aside for Government business. This means consideration
of bills that the Government wants enacted.

The MPs from each party in
Parliament have regular meetings of their members. Such a meeting is called
a caucus. Members of each caucus discuss bills, and often decide on a
common position to take. When these laws come to a vote in the House,
all members of a party then usually vote the same way.

Normally, the Government
will only introduce a bill if it has already consulted its members and
other supporters and therefore knows it will be passed.

Crossing the floor

Occasionally, an MP will vote
for or against a bill in opposition to the decision of their caucus. This
is called crossing the floor. Most parties think it is embarrassing if
their members cross the floor, so this is discouraged.

While it may often seem that
opposition parties always oppose whatever the government proposes, this
is not always so. Many Government bills deal with issues that are not
controversial, and these are often passed with wide support from many
parties. However, because they are not controversial, these bills seldom
make news headlines.

Other business

Not all of the bills that
come before the House are Government bills. Every second week that Parliament
sits, time is set aside for Members’ bills. These are bills promoted
by individual MPs, not by the Government.

Often, these bills are promoted
by Members of the opposition parties and are opposed to Government policies.
Such bills are seldom passed. However, some Member's bills deal with matters
on which the Government has no policy.

Bills dealing with moral
issues such as selling wine and beer on Sundays, and what kind of information
should be available to adopted children about their natural parents, are
usually decided by a conscience vote. This is where MPs vote according
to their own conscience, and parties do not decide how their members should
vote.